SCAZ v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1377

FEDERAL COURT OF AUSTRALIA

SCAZ v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1377 MIGRATION – refusal of protection visa confirmed by Refugee Review Tribunal – whether decision of the Tribunal protected by s 474 of the Migration Act 1958 (Cth) – whether the decision was bona fide attempt to exercise power – applicant given notice of hearing before the Tribunal under s 425A that was less than the prescribed period – Tribunal refused requests for more time – held that the refusal to adjourn was arbitrary and capricious – decision invalid and set aside. Migration Act 1958 (Cth) ss 424A, 425, 425A, 474 NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228 referred to Craig v The State of South Australia (1995) 184 CLR 163 referred to Boakye-Danquah v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 438 not followed R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 cited NAAQ of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 300 cited Muin v Refugee Review Tribunal (2002) 190 ALR 601 referred to Re Minister for Immigration and Multicultural Affairs; Ex parte "A" (2001) 185 ALR 489 discussed NAAG of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 713 cited Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Buck v Barone (1976) 135 CLR 110 referred to SBAP v Refugee Review Tribunal [2002] FCA 590 considered Forsyth v Blundell (1973) 129 CLR 477 cited Davis v Taylor (1948) 48 NSWSR 514 cited

SCAZ v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S 73 of 2002 von DOUSSA J ADELAIDE 6 NOVEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 73 OF 2002

BETWEEN: SCAZ